trade gone bad...opinions?

[DBear]

Hey guys...I had a bad experience last week. I was gonna trade my 69 Burb for an '05 5.3l and 4l60e combo. When iI picked up the combo I gave this clown my title and he wanted to pick up the burb later. After being skeptical about motor combo I checked tag on ecm and it came back as an 2003 model. That made me more leary so iI pulled pan and sure enough...it is a 4.8l. I have notified the guy that we would not be completing this trade. He was putting it off on someone else. He then said he wanted to check serial # as if I was pulling a switch on him or something......with this said, I still have my burb and his motor.I just want my title back. With me still having possession of the burb, can he do anything about it?

Oh....this was a craigslist deal.

Thanks in advance

[manimal]

go apply for a lost title or put a mechanics lien on the truck....for a SILLY price. He will either have to pay it,take you to court or surrender the title..but do it tomorrow. As he can go start paperwork on the burb and you lose.

[primetime]

I would print out the craigslist ad as proof he mislead you on what was going to be traded/purchased. Second, if you did not sign the title over to him yet there is nothing he can do other than forge your name, illegal. Did you guys have a bill of sale?

[DBear]

The title is not in my name. It is in the previous owners name. ??? How would I go about it now? Mechanics lien?? How would I do that exactly?

[DBear]

I still have bill of sale from previous owner. The was signed by the previous owner as well. The guy deleted the ad on craigslist.

[DBear]

Originally Posted by primetime

I would print out the craigslist ad as proof he mislead you on what was going to be traded/purchased. Second, if you did not sign the title over to him yet there is nothing he can do other than forge your name, illegal. Did you guys have a bill of sale?

Oh....and no, we didn't have a bill of sale between us

[hugger6933]

I am a used car dealer in AR. over here [I know every state is different] and I may not be able to offer any comfort, but if you were here and traded a truck that wasn't in your name [even though it is yours] and it still has the last owners name on it as the owner, no matter what a scuz bag had done to you in trade you would be in the wrong. Now I said I probably couldn't offer much comfort. Now that is not my opinion that is the law here and like I said every where is different. On top of that there is no mechanic lien acknowledged in AR. so what did you both think was the fair value of the Suburban and the Worth of the motor? I know I have been selling 6.0's for $1250 to $1500 or so and a 5.3 with a trans probably $1500. But that is me and my area. A 4.8 with a trans is more like $1250. but then again that is me in Marianna and I am not offering anyone here anything for sale I am just trying to shed some light and garner info from this misfortunate situation.I am sorry this has happened to you , I do hope it all works out for you. Jim

[slow-1]

In NC all signatures on titles have to be notorized...is it the same there?

If so, did the previous owner sign it over to you properly? Or did he just sign it leaving it an open title (Illegal in NC)?

Could still be his Burb on paper that he could apply for a duplicate title for you.

[DBear]

He was asking $1300 for motor combo.

[Johnny G]

Originally Posted by DBear

Hey guys...I had a bad experience last week. I was gonna trade my 69 Burb for an '05 5.3l and 4l60e combo. When iI picked up the combo I gave this clown my title and he wanted to pick up the burb later. After being skeptical about motor combo I checked tag on ecm and it came back as an 2003 model. That made me more leary so iI pulled pan and sure enough...it is a 4.8l. I have notified the guy that we would not be completing this trade. He was putting it off on someone else. He then said he wanted to check serial # as if I was pulling a switch on him or something......with this said, I still have my burb and his motor.I just want my title back. With me still having possession of the burb, can he do anything about it?

Oh....this was a craigslist deal.

Thanks in advance

He could come in the middle of the night and get the Suburban. Have the cops go to his house with you and switch the motor for the title.

[manimal]

You dont have ANYTHING in writing stating it was a 5.3? Then if he wants to be a douche, you are screwed. He can lie through his teeth and say he bought the truck from the PO and you gave him cash for the "4.8" and you actually knew it was a 4.8 and are now wanting your money back because it was not want you want....just saying. I have dealt with people like that a few times...so go remove some parts from that suburban and re-sell them to him!...TWO people can play hard ball!
--------------------------OR----------------------

Take it as it is, count your losses and learn from the experience.

[cool68]

Wow - did you talk to guy in person after finding out that he misrepresented the engine? did you print the ad before deleted? did you take a wheel off, or something, Burb so he can not take it away when you are not around? he has signed Title and could have already started process to put it in his name. is your name on the Bill of Sale from owner that you got Burb from? take engine back and sit in front of his place until he gives you Title back.

[leddzepp]

Since your name is not on the title you are not really in a position to do much...because legally it wasn't your truck to begin with. How long ago did you buy the burb? When is the bill of sale dated? Where I live you must switch the title into your name within 10 days of the sale.

[cdowns]

wheelin dealin dont think the law applies to you then in the end you git bit in the a$$ an whine about it

[Bigdav160]

First mistake, you didn't offer it up for sale or trade here

[Green Hornet]

First thing I would do is secure the burb, second contact the guy. If he is unwilling to give you the title back then I think the only recourse you have is small claims court. May be less of a hassle to take it as a lesson learned, wheel and deal the smaller engine, burb and what you would have paid for a layer for what you want. Who knows, you may run into the guy at walmart and you can dump a pint of milk down his defrosters, throw a bottle of Ky and a personal massager in his cart when he isn't looking.

[primetime]

i think they both screwed each other, here's why. Dbear never had the truck in his name. so he has zero proof that he owns or ever owned the truck. second, with no bill of sale, neither one can sue the other over ownership or even mis representation on the terms(4.8 instead of 5.3). Third, the guy that scammed Dbear will never be able to get that burb put in his name legally. unless he tracks down the original owner. that guy can not forge/sign the title back over to the scammer and completely delete the fact that dbear had the burb for several years. because he would then be responsible for any parking tickets, hit and runs, speeding tickets, ect that you accrued doing the time you owned it.
what you can do dbear at this point is contact the original owner that you bought it from, tell him that you lost your title and are sending for a lost title. by law that title has to go back to the last registered owner. at that point he signs it back over to you AND YOU IMMEDIATELY SIGN IT THEN.
but the scam guy can not come into your yard and take the burb because he has not title in his name +and no bill of sale from you or the original owner= that equals no proof of ownership. only after you rectify the title should you return his engine to him. in the same condition he gave it to you.

[oklalawnboy]

Is Texas a notary state? Meaning do they require the sellers signature to be notorized. One state I lived in(Ohio I believe) didn't require a notary and all he (scammer) has to do is go pay the fine for not being bright enough to transfer the title in a timely manner and report it stolen. The cops will come to your house and get it for him. Yeah maybe you can argue you didn't steal it, you've got a bill of sale..... It sounds like a real mess if the scammer dude decides to make a big deal out of the trade. It really SUCKS!

[mmiddle]

Texas is NON-notary. Basically Dbear is in a pickle here. The guy that has the signed title is the legal owner. I would strip the Burb of anything valuable and offer it back at a price or for trade on the title. The 4.8 is a good motor for a DD if that is any consolation.

[mgchevyparts]

Lock up the burb and the engine somewhere secure, out of sight, like a warehouse and tell him to bring the title back or he doesn't get a thing back, screw the douch bag.

[manimal]

two wrongs do NOT make a right.....

[DBear]

Thanks for all the replies.....dont really agree with that we screwed each other....the guy misrepresented the motor and I did not misrepresent anything. I met the guy last nite and got the title back and he got his so called 5.3 back. Already bought a low mile 5.3 this weekend out of a 02 Sierra. I am good to go and didn't screw anyone. Thanks again for the insight fellas. I will be selling this burb soon.

[zeldman]

Wow..... glad the both of you were able to settle this problem without a lawyer. Sometimes "horse tradin" just doesnt work out.

Maybe he didnt intentionally mis-lead you, he might have traded or bought the engine from someone that didnt know what it was either, and he just never researched it. In 1977 I bought an engine from a junk yard that was supposed to be a 327. It turned out to be a 283, so I told the guy what it was. He told me to bring it back and he will give me a 327. That engine turned out to be a 350 out of a 69 Chevelle. I put it in my 70 Chevy C-10 and drove it for 18 years. A side note, I only paid $75.oo for the engine.

[terry b]

Sounds like the guy was a stand up dude that didnt know the motor was a 4.8. Dont know if you should be talking bad about him. You need to put that title in your name to be safe. I would not touch that burb with a ten foot pole the way it is now.

[DBear]

Originally Posted by terry b

Sounds like the guy was a stand up dude that didnt know the motor was a 4.8. Dont know if you should be talking bad about him. You need to put that title in your name to be safe. I would not touch that burb with a ten foot pole the way it is now.

Thanks for the opinion.....but if you were not involved, you shouldn't be telling me what I should be saying about the guy. Again, I do appreciate your chiming in, but you don't know the whole deal. I know for a fact that he knew what it was....that is why he had all the spark plugs out so he could look at the top of the pistons. It doesn't matter if he gave me the title or not....I had already moved it to a secure place.

You wouldn't touch it with a ten foot pole.....wasn't offering it to you buddy. This is the kind of crap that gives our forums bad names......but again, thanks for you opinions.

Again, I started this thread for help on legal aspects, not to be criticized.

Thanks to all that gave GOOD advice and opinions.